The Bugman is Fucketh

Ha! A federal judge has ruled that the Texas republican party cannot replace Tom Delay on the ballot this November. Judge's ruling keeps DeLay on ballot:

AUSTIN - A federal judge ruled today that Republicans cannot replace former U.S. Rep. Tom DeLay on the ballot for the 22nd Congressional District race.

U.S. District Judge Sam Sparks, a Republican appointee, ruled that DeLay must appear on the Nov. 7 ballot as the GOP nominee for the congressional seat that he abandoned last month.

Sparks said DeLay could "withdraw'' from the race under Texas election law, but that still would not allow the Republicans to replace him on the ballot.

DeLay had sought to have state Republican Chair Tina Benkiser declare him ineligible by moving from Sugar Land to his condominium in Virginia. But Sparks said that would not make him ineligible because the requirement under the Constitution is whether DeLay is an inhabitant of Texas on election day.

Sparks said contradicting evidence raised questions about whether DeLay planned to remain a resident of Virginia, but he said that did not matter because DeLay could not say where he would be on election day.

"The court holds that allowing Benkiser to declare DeLay ineligible at this time would amount to a de facto residency requirement in violation of the United States Constitution,'' Sparks said in his opinion.

Sparks' ruling halts the process of replacing DeLay on the ballot, but the GOP is expected to appeal the decision to the 5th Circuit Court of Appeals.
If the Republicans lose on appeal, DeLay will have to decide whether to campaign for an office from which he already has resigned.

Cue much wailing and gnashing of teeth over "judicial activism." I count this as a pick up of one.